RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02873
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be changed to show  his  disability  was  service-connected  and
that he receive a disability retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was determined fit for duty with no disqualifying defects and  no  waiver
of medical qualifications.  He was qualified  for  enlistment  and  eligible
for reenlistment.  He was discharged  with  a  physical  disability  and  is
being denied service disability pay.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 30 October  1972  in  the
grade of airman basic for a period of four years.

Available medical records reveal the following:

        The applicant’s enlistment medical examination on 28 September  1972
indicates the applicant reported a history of back problems by checking  the
yes block next to recurrent back pain on the Standard  Form  93,  Report  of
Medical History.  The physical examination indicated his  back  was  normal.
The applicant also reported a history of nervous trouble and  chronic  cough
on his enlistment exam.

        On 30 May 1973,  the  applicant’s  separation  medical  examination,
Standard  Form  93,  Report  of  Medical  History,  revealed  the  applicant
indicated in block 8, Statement of Examinee’s present health, “Right  now  I
feel real sore in my lower back.  I can’t set (sic)  or  stand  for  a  long
time and I can’t pick anything real heavy up, I had this trouble most of  my
life.”

        On 31 May 1973, a Medical Evaluation Board  (MEB)  report  indicated
the applicant was diagnosed with chronic low back pain, which existed  prior
to service, was not qualified for commission or enlistment, and  his  defect
would interfere with worldwide service.  The  board  recommended  since  the
applicant was considered unfit for general military  duty,  his  application
for immediate discharge should be granted.

On 1 June 1973, the applicant submitted an application for  discharge  under
the provisions of AFM 35-4, Chapter 9.  He indicated he requested  discharge
for physical disability.  He had been notified  based  upon  findings  of  a
medical board which convened on 31 May 1973, he  was  considered  unfit  for
world-wide service because of physical disability which  was  considered  to
have existed prior to entry on active duty and appeared to be  not  incident
to or aggravated by, his active military service.  He certified it had  been
fully explained to him that he was entitled as a  matter  of  right  to  the
same processing as any other member of the Air Force who was  separated  for
physical disability including  consideration  of  his  case  by  a  Physical
Evaluation Board (PEB).  However, he did not elect to exercise  that  right.
He further indicated it had been fully explained to him as a result  of  the
discharge application,  he  could  be  discharged  for  physical  disability
without a further hearing.  He indicated he understood the  discharge  would
be without disability retirement or disability severance pay.

On 7 June 1973, the discharge authority approved the  applicant’s  honorable
discharge for physical disability.

On 12 June 1973, the applicant was honorably  discharged  in  the  grade  of
airman, under the provisions of AFM  35-4,  Physical  Disability  -  Existed
Prior To Service.  He served 7 months  and  13 days  of  total  active  duty
service.

The applicant provided documents from the  Department  of  Veterans  Affairs
(DVA) which indicated his claim for service connection  for  low  back  pain
was denied on 17 July 1973, and his case was reopened in 1998.  On  4  April
2003, the DVA denied the applicant’s claim for service connected  disability
compensation.  The DVA indicated they grant service connection for  diseases
or disabilities, which existed prior to  military  service  and  permanently
worsened beyond the natural progress of the disease as a result of  service.
 They denied service connection for  his  low  back  condition,  to  include
chronic low back pain, the congenital condition  of  spina  bifida  occulta,
and his degenerative arthritis of the lumbar  spine,  because  the  evidence
did not show his low back condition  was  permanently  worsened  beyond  the
natural progress of the disease as a result of service.  There also  was  no
evidence of continuity of treatment for his low back condition  due  to  the
injury (apparently lifted a heavy object) in the service from separation  in
1973 until 1992.  In addition, there was evidence of an intercurrent  injury
in 1993.

On  14  August  1998,  the  applicant’s  personal  physician  indicated  the
diagnosis he believed at that time was  spina  bifida.   The  applicant  was
told his condition was a congenital condition and apparently was  discharged
at least in part based on his condition.  His professional opinion  was  the
applicant’s symptoms in 1993 were likely not related  to  the  spina  bifida
occulta, which is  in  almost  all  instances  asymptomatic.   He  does  not
believe any symptoms the applicant had then, in the interim,  or  now  could
be causally related to a minor spina bifida occulta.

_________________________________________________________________

AIR FORCE EVALUATION:

The  BCMR  Medical  Consultant  recommended  denial.    He   indicated   the
preponderance of the evidence indicates  the  applicant  had  a  history  of
recurrent low back pain prior to entering the service and the back pain  was
also associated with a pre-service motor vehicle accident.   Recurrent  back
pain while on active duty resulted in hospitalization.  An Evaluation  while
hospitalized failed to identify a specific reason  for  his  pain  beyond  a
strain.  The applicant indicates he injured his back in an accident  with  a
floor buffer, a DVA document indicates a  lifting  incident.   There  is  no
primary documentation of a specific injury or strain while on  active  duty.
The applicant indicated  on  his  enlistment  medical  examination  and  his
separation  examination  that  he  experienced  difficulties  with   anxiety
(nervousness),  and  this  is  consistent  with  the   impression   by   the
psychiatrist who examined him at the time of his hospitalization.  It  is  a
well established principle of  medicine  that  such  psychological  symptoms
aggravate symptoms of back  pain.   The  diagnosis  of  reactive  depression
correlates to a diagnosis  of  Adjustment  Disorder  in  today’s  diagnostic
terminology, a condition that  resolves  when  the  individual  escapes  the
stressful  situation  causing  the  symptoms,  in  this  instance   military
service.  The fact that the applicant waived his  right  to  review  by  the
Physical Evaluation Board indicated he desired to leave the  Air  Force  and
agreed his condition existed  prior  to  service  and  was  not  permanently
aggravated by service.  Evidence of the record indicates the  applicant  was
employed as a firefighter and a peace officer following his  discharge  from
the Air Force and the documentation provided by the applicant  indicates  he
experienced a pattern of  recurrent  back  pain  no  different  than  before
service.  A medical  exam  in  June  1984,  over  ten  years  following  his
discharge from the Air  Force  reports  the  back  examination  was  normal.
Twenty  years  following  discharge  from  the  Air   Force,   DVA   medical
documentation indicates increasing problems with back pain following a  1993
motor vehicle  accident  and  with  radiographic  findings  of  degenerative
arthritis of the spine.  Conditions that  exist  prior  to  service  do  not
entitle a  member  to  disability  compensation  unless  that  condition  is
permanently aggravated by military service beyond  the  natural  progression
of the condition.  Although the applicant’s back  pain  rendered  him  unfit
after several months on active  duty,  evidence  of  the  available  records
indicates his condition was not permanently aggravated by  service.   Action
and disposition in this case are proper and equitable reflecting  compliance
with Air Force directives that implement the law.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 March 2004, a copy of the Air Force evaluation  was  forwarded  to  the
applicant for review and response within 30 days.

On 18 March 2004, the applicant requested his case be temporarily  withdrawn
(Exhibit E).

On 28 March 2004, the applicant’s case was  temporarily  withdrawn  (Exhibit
F).

On 23 November 2004, the applicant submitted  a  letter,  with  attachments,
through his congressman’s  office  requesting  his  case  be  reopened.   He
indicated if the Department of Defense  would  release  medical  records  it
would help him to prove his case.  By  getting  the  medical  records  would
prove he was under the influence of  strong  pain  medication  and  was  not
aware of the documents he was required to sign.

Applicant’s response, with attachments, is at Exhibit G.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an  error  or  injustice.   After  reviewing  the  evidence  of
record, we are convinced the applicant’s separation from the Air  Force  was
in accordance with Air  Force  policy.   His  contentions  are  duly  noted;
however, in our opinion,  the  detailed  comments  provided  by  the  AFBCMR
Medical Consultant adequately address these allegations.  Therefore, we  are
in agreement with the comments and recommendation of the Medical  Consultant
and adopt his rationale as the basis for our  decision  that  the  applicant
has not been the victim of either an error or injustice.  In  this  respect,
the  applicant  has  not  established  that  his  disability   was   service
connected.  In view of the above and in  the  absence  of  evidence  to  the
contrary, we find no compelling basis  upon  which  to  recommend  favorable
action on this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and the application will only be reconsidered upon  the
submission of newly discovered relevant evidence not  considered  with  this
application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
02873 in Executive Session on 12 January 2005, under the provisions  of  AFI
36-2603:

                  Ms. Martha J. Evans, Panel Chair
                  Mr. Gregory A. Parker Member
                  Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

   Exhibit A. DD Form 149, dated 8 August 2003, w/atchs.
   Exhibit B. Applicant's Master Personnel Records.
   Exhibit C. Letter, AFBCMR Medical Consultant,
                  dated 19 February 2004.
   Exhibit D. Letter, SAF/MRBR, dated 5 March 2004.
   Exhibit E. Letter, Applicant, dated 18 March 2004.
   Exhibit F. Letter, AFBCMR, dated 28 March 2004.
   Exhibit G. Letter, Congressman Linder, dated 19 November 2004,
                  w/letter, Applicant, dated 16 November 2004,
              w/atchs.




                                MARTHA J. EVANS
                                Panel Chair